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Meaningful death or murder in indifference: the considerations behind the indictment against the shooter in Arad
The deliberation regarding the section in which Aryeh Schiff was charged with shooting a burglar into his vehicle continued until the last minute.
The State Attorney's Office ruled that this was a borderline case, and rejected claims regarding self-defense or the applicability of the Southern Gift Law.
Finally, the district attorney ruled that Schiff was not indifferent to the burglar's life, which led to a lesser offense.
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Daniel Dolev Weiner will defend
Thursday, 14 January 2021, 22:25
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In the video: Documentation of Aryeh Schiff shooting to death a burglar in his car in Arad (Photo: Security cameras)
The Southern District Attorney's Office was debating until the last minute on which section to charge Aryeh Schiff, who shot dead Muhammad al-'Atrash, a resident of the Diaspora who broke into his car.
The dilemma was between the offense of reckless death, which carries a sentence of up to 12 years in prison, and murder with indifference - for which the penalty can reach life imprisonment.
Finally, it was the district attorney, Advocate Alon Altman, who decided today (Thursday) that the section would be
recklessly murdered. Mild death is intended for situations in which a person takes an unreasonable risk - such as playing with a weapon or driving while intoxicated - and causes death.
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Get out of the trailer, step back and open fire: Documentation of Arie Schiff's shooting at a burglar in Arad
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The prosecution was debating whether to accuse him of manslaughter or murder with indifference.
Arie Schiff, in November (Photo: official website, -)
Indifference murder, on the other hand, is intended for cases where a person commits an act whose logical consequence is death.
The same person does not want to kill the other person, but is indifferent to the possibility that it will happen.
One example given by the Ministry of Justice is the death of Eric Karp, who was beaten to death by a group of boys on the beach in Tel Aviv.
The court ruled that they did not want to kill him, but were indifferent to his life, and convicted them of manslaughter.
After the reform, such a case should end in a murder conviction.
Another example is setting fire to a building where the victim is staying, but not with the intention of killing him.
Those who supported the indictment of murder indifferently noted that shooting at the upper body, as Schiff had done, certainly suited more to this category than to frivolity.
The security camera video released today, in which Schiff is seen firing al-Atrash into the vehicle, with the latter already starting to drive and at no stage posing a threat to him, also strengthens this conclusion.
One of the arguments that came up was that in the video you can see that the light in the vehicle was turned off before the shooting.
Documentation of the shooting in Arad (Photo: official website, screenshot)
The Southern District Attorney's Office rejected the allegations raised by Schiff's defense attorney at the hearing, such as self-defense or the application of the "Southern Gift Law" - which allows anyone who breaks into a home, business or farm to be harmed.
Still, the fact that Schiff woke up in the middle of the night to discover three burglars with one of them inside his vehicle, made the prosecution feel that this was a borderline case - between the high threshold of easy-going death, and the low threshold of indifferent murder.
One of the arguments raised by the prosecution was that in the video it can be seen that the light in the vehicle was turned off before the shooting, so it may be doubtful whether Schiff saw where he was shooting and indeed aimed at al-Atrash's upper body.
In addition, immediately after the incident called the shooter MDA and said shot a man in another, reinforcing the argument that it is impossible to prove that he was indifferent to the life of the intruder.
In the end, the District Attorney Altman felt the situation as a whole fits the lesser offense, and the indictment was Article Of the dead easily.
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